Hong Kong’s National Security Law reaches the UK

Hong Kong Watch’s Benedict Rogers. Credit: Hong Kong Watch

Benedict Rogers was surprised when he heard that he’d been accused by police in Hong Kong of jeopardising China’s national security and threatened with jail time under the draconian National Security Law. The chief executive of Hong Kong Watch, a charity that campaigns for human rights in the former British colony, told Index that while he knew there was an extra-territorial element to the law, he didn’t believe “they’d go this far”.

Three weeks ago Rogers learnt that the website attached to Hong Kong Watch had been blocked in Hong Kong. After making enquiries about why he received letters back charging him under the law.

“I guess the letters I received were an answer to the inquiry,” he said.

Passed in the summer of 2020, the National Security Law caused global outcry in its implications for freedoms in Hong Kong as it effectively made any form of dissent illegal. But it was not just the punishment for dissent within its borders that caused alarm – even those outside Chinese territory could be charged with breaking it. Index wrote about the law at the time, calling it a “devastating blow to Hong Kong’s autonomy”.

Approaching two years since its passage, scores of arrests and prison sentences have been handed out to protesters and journalists in Hong Kong. This though is the first time the law has been used against an advocacy group outside of Hong Kong.

Rogers is a British human rights activist and journalist based in London. In addition to his work at Hong Kong Watch, he is co-founder and deputy chairman of the Conservative Party’s human rights commission, a member of the advisory group of the Inter-Parliamentary Alliance on China and an advisor to the World Uyghur Congress.

The action is a clear attempt by Beijing to make anyone, anywhere feel vulnerable. They want to reinforce the message that no corner of the globe is beyond their reach, something we have been reporting on recently in our series Banned by Beijing. That it comes on the back of the Hong Kong Watch website being shut down is another worrying sign that Beijing is trying to shape Hong Kong – which does not have a Great Firewall – in its own image.

Rogers says he is not concerned for his own safety and that he has already taken measures to protect those he does communicate with inside Hong Kong, measures that he will take even further now.  He sees it as another “sad deterioration in the Hong Kong situation”.

Today our fears lie with all those who want to promote respect for free speech and human rights within China and Hong Kong and might not do so following this message. People in Hong Kong itself already live with the daily fear of repercussions as they see more and more of their friends, relatives and associates being arrested and jailed. We don’t want this fear to infect those outside, to stop them honestly reporting on the situation and communicating with those inside. We need a united front to campaign against Beijing’s actions.

We are also fearful for those in other authoritarian countries around the world. The move comes less than a fortnight after Russia passed its “fake news” law to imprison anyone inside Russia criticising the war in Ukraine. Putin passed this law overnight. We fear he could look to Beijing and decide to extend it to critical voices outside the country, who are playing such a crucial role in revealing the horrors of Ukraine and holding him to account.

Echoing our concerns, Lord Patten of Barnes, the last British Governor of Hong Kong and a patron of Hong Kong Watch, said:

“This is another disgraceful example of Mr Putin’s friends in Beijing and their quislings in Hong Kong trying not only to stamp out freedom of expression and information in Hong Kong but also to internationalise their campaign against evidence, freedom and honesty.”

UK Foreign Secretary Liz Truss has called it “unjustifiable”.

“Attempting to silence voices globally that speak up for freedom and democracy is unacceptable and will never succeed,” she said.

Rogers, who spoke to Index in 2017 about threatening letters he received from Hong Kong to his London home (also sent to his neighbours’), says the last four to five years has seen a succession of threats including letters and emails, with this action being the latest and most extreme. Still, he says he will not let this attack silence him.

“We’re not going to take the website down. We’re needed more than ever,” he told Index.

Does Russia’s war have popular support? Navalny says not

As Putin continues his bloody invasion of Ukraine, the rest of the world continues to look for signs of an uprising in Russia that might provide a possible exit strategy without risking World War III.

In a country that has cracked down on protest ever since Index was founded in 1972, it can be hard to tell the real scale of opposition to the war.

What we do know, thanks to human rights group OVD-info, is that some 14,000 people from 140 cities have been detained by the authorities so far for exercising their right to object to the actions in Ukraine. On 6 March alone, 5,000 protesters were detained, including 113 juveniles and 13 journalists. Children as young as seven were detained for laying flowers at Moscow’s Ukrainian Embassy.

Arrests are often violent, with protesters beaten with batons and shot with stun guns. If convicted of breaking the harsh rules on protests, they face fines of up to 300,000 roubles (around £2,000 at the current exchange rate) and detention for up to 30 days.

One of Putin’s most vocal critics – the jailed opposition politician leader Alexey Navalny – has also been publicising the work of his supporters in taking the temperature of public opinion in Russia. Navalny is currently being held in a penal colony for three and a half years after being found guilty of a charge of embezzlement. A new court case started in mid-February in which prosecutors have accused him of stealing more than 350 million roubles in donations from non-governmental organisations.

On 8 March, Navalny (actually his lawyers and supporters outside prison, presumably with his blessing) tweeted a thread sharing the results of four opinion polls taken between 25 February and 3 March in Moscow, each including 700 participants.

Navalny said in his tweets, “Whether Russians actually support the hideous war that Putin has waged against Ukraine is a matter of utmost political importance. The answer to this question will largely define Russia’s place in the history of the 21st century.

“It’s one thing if Putin killed Ukrainian civilians and destroyed life-critical infrastructure with full approval from the Russian citizens. However, it’s a whole different story if Putin’s bloody venture is not supported by the society.”

The polls showed that Muscovites view of the role of Russia in the conflict rapidly shifted, with 53% by the end of the polling saying Russia had taken on the role of aggressor in the conflict against 28% who felt Russia was a liberator and 12% who saw them as a peace-maker.

In the same period, the number of people who felt Russia was the guilty party more than doubled from 14% to 36%,.

By the end of the four polls, 60% of those surveyed felt there would be a catastrophic collapse of the Russian economy as a result of the invasion.

By 3 March, some 79% of those asked said the conflicting parties should immediately cease all military operations and engage in peace talks.

Commenting on the findings, Navalny tweeted: “The nature of these changes is plain and unambiguous: people rapidly begin to realise who is responsible for initiating the conflict, as well as the war’s true objectives and possible outcomes. Undoubtedly, the Kremlin can see these dynamics as well, hence the nervousness, the desperate attempts to end the war campaign as soon as possible.”

He added: “The anti-war momentum will keep growing across the society, so the anti-war protests should not be halted under any circumstances.”

In a thread a few days earlier, Navalny had dubbed Putin an “obviously insane czar” and added: “Putin is not Russia. If there is anything in Russia right now that you can be most proud of, it is those… people who were detained because – without any call – they took to the streets with placards saying ‘No War’”.

“We must, gritting our teeth and overcoming fear, come out and demand an end to the war. Each arrested person must be replaced by two newcomers. If in order to stop the war we have to fill prisons and paddy wagons with ourselves, we will fill prisons and paddy wagons with ourselves.

He concluded: “Everything has a price, and now, in the spring of 2022, we must pay this price. There’s no one to do it for us. Let’s not ‘be against the war’. Let’s fight against the war.”

Others would have you believe that Putin has wide support for his actions. The state-controlled pollster VCIOM said that Putin’s confidence rating among the public had grown from 73% to 7.4% between 4 and 11 March.

A 5 March poll by the organisation found that 71% of Russians support the decision to conduct what they call the “special military operation” in Ukraine with 46% of Russians believing the operation “aims to protect Russia and prevent the deployment of NATO military bases on the territory of Ukraine”.

They “have come to rob you of your name and language”

In the very first edition of Index on Censorship, published 50 years ago almost to the day, we raised the case of Mykhaylo Osadchy, a Ukrainian journalist and poet, who had been arrested for “anti-Soviet agitation and propaganda”. In a secret trial in his hometown of Lviv in September 1972 he was sentenced to seven years in prison and five years of exile.

An extract from The Mote, Osadchy’s lightly fictionalised memoir of a dissident writer, was published in the Autumn 1972 edition of Index. It provides a unique picture of the life of an intellectual in Ukraine under Soviet rule. “I had committed every vile deed that mankind throughout his existence could ever commit,” he writes.  “I had never had the slightest suspicion of what a hostile element I was, or how hostile my thoughts had been.”

Cat and Mouse in the Ukraine by Victor Swoboda from 1973 is a lengthy but fascinating study of contemporary writers struggling, and often failing, to stay on the right side of the censor. Swoboda highlights the significance of the unpublished poem To the Kurdish Brother by Vasyl Symonenko, a writer celebrated by the Soviets as a hero of Communism but taken up by dissidents after the posthumous samizdat publication of his critical diaries. The poem tells “the Kurd” to fight chauvinists who “have come to rob you of your name and language”. It continues: “our fiercest enemy, chauvinism, fattens on the blood of harassed peoples”. It is not hard to see who the “Kurd” in the poem was intended to represent. In 1968 Mykola Kots, an agricultural college lecturer, was arrested for circulating 70 copies of the poem in which “the Kurd” had been replaced with “the Ukrainian”. He received the same sentence as Osaschy.

After the fall of the Berlin Wall, Index continued to support writers from Ukraine. As a result, we were the first to publish the work of Ukraine’s most celebrated contemporary writer, Andrei Kurkov, in English. The November 1993 issue contained an excerpt from The Cosmopolitan Anthem, a short story denounced at the 1991 All-Union Writers Conference in Yalta as “anti-Russian”. The story is, if anything, an attack on unthinking nationalism. Its narrator, an American with mixed Polish-Palestinian heritage, finds himself fighting on both sides of the Vietnam War and Afghanistan. The title of the story refers to the soldier’s utopian dreams of creating a unifying anthem to appeal to people’s better nature.

In 1999 we published extracts from Ukraine’s Forbidden Histories, which combined oral histories collected by the British Library with contemporary photographs by Tim Smith. It remains a striking document of the imprint Ukraine’s past atrocities left on the country. The authors pay tribute to the work of the organisation Memorial (now banned by Putin) in documenting the crimes of the Stalin era. The extracts include testimonies of the Babi Yar massacre of the city’s Jewish population, which has only been officially recognised in 1991. A monument to Babi Yar was reported to have been bombed during the recent invasion.

In 2001, Vera Rich, who devoted her life to translating Ukrainian and Belarusian literature, wrote Who is Ukraine? on the tenth anniversary of the country’s independence. Despite her obvious passion for the country (she translated the national poet Taras Shevchenko) it provides a clear-eyed look at the complicated nature of Ukrainian identity. “For a country to survive… a sense of national identity is required. But the question of what that identity should be has by no means been resolved,” she writes.

Finally, no collection of archive articles from Index on Ukraine would be complete without something from Andrei Aliaksandrau, who worked for Index for several years before returning to his native Belarus. He has now been in prison for over a year after being arrested by the Lukashenka regime. His piece, Brave New War from December 2014, reports on the information war being waged in Ukraine. It is a brilliant piece of reporting. “The principles of an information war remain unchanged: you need to de-humanise the enemy. You inspire yourself, your troops and your supporters with a general appeal which says: ‘We are fighting for the right cause – that is why we have the right to kill someone who is evil.’ What has changed is the scale of propaganda and the number of different platforms used to distribute it. In a time of social networks and with the whole world online, there is no need to throw leaflets over enemy lines, instead you hire 1,000 internet trolls.”

Aliaksandrau has been silenced, for now. But we will continue to report on Ukraine in tribute to him and the other courageous dissidents who have inspired the work of Index over the past five decades.

Research by Guilherme Osinski and Sophia Rigby

“Russia says it is not killing civilians. That is a lie”

John Sweeney reporting from Ukraine for Index

Rost used to be a hot air balloon pilot before the war but now he’s a grim figure in dark hoodie, carrying a rifle, his face knotted with pressure because he is guarding Kyiv’s TV tower from Russian attack. But there is only so much that the Ukrainians can do and the previous night, Tuesday 2 March, at 1800 hours four Russian missiles punched through, hitting the tower’s control building by its base and knocking Ukrainian TV off the airwaves.  The moment curfew lifted at 0800 hours Wednesday morning, I thumbed a lift to the TV tower and was the first reporter inside the complex. The more Rost showed me, the darker it got.

The tower itself disappeared into the early morning fog, not obviously touched but the control building near-by had taken a direct hit. Windows were smashed to smithereens, frames hanging loose, rubble crunching underfoot. Rost explained what had happened in Russian, a language I studied at school and then forgot. I filmed what he said and put it up on Twitter and someone translated: “The rockets flew in….they were laser-guided, they have good equipment, they came towards the building, four rockets came this way, naturally the people died here because of the explosions and I’m showing the gentleman from Britain, losses are serious, the building is ruined.”

He took me round the front of the control building and he stooped to give me a present, an evil butterfly wing of shrapnel, fired from Russia without love. On the ground was a puddle of blood one metre wide, still brightly red in the cold, snow still on the ground. A worker had been killed in the blast, his corpse removed but no-one had yet got around to washing away the blood.

That was the easy bit. We went out of a guardhouse and across a wide street, stepping over electricity cables that had fallen onto the tarmac, to the far side where there was a row of shops, some burnt out, still smoking from the attack the previous evening. On the ground was the corpse of an elderly man and, closer to the shops, the bodies of a mother and child. Ambulance workers or perhaps people from the morgue had come and were placing blankets over the dead before putting them in a dark green van for their last long journey through Kyiv.

The Russian state is saying that it is not killing civilians. That is a lie. I saw evidence of that with my own eyes this morning.

Censorship has many forms but knocking a TV station off air by firing missiles at the transmitting tower is perhaps as subtle as Vladimir Putin gets these days. Less brutal but perhaps more effective in shoring up his grip in power is switching off the last two independent media stations in Moscow, Ekho Moskvy and TV Rain. The last brave reporters with some licence to hit the airwaves have been silenced.

Moscow is fast becoming the new Pyongyang, one of the airports still open to Russian air traffic. Putin’s war is a thing of evil but it’s possible to see that he had made a miscalculation, that he has hopelessly misread the courage of ordinary, extraordinary Ukrainians from their comic turned President down to the florists now making Molotov cocktails, that the West – for once – has got its act together, that the old man in the White House has far more fight in him than the Kremlin could possibly have imagined.

So switching off sources of information, rough and ready though they may be, will become crucial as things get darker for Putin’s regime. Here in Kyiv, that is not an academic question. If the Russians do arrive here in force, then any Ukrainian journalist with a strong voice will be in trouble. Foreign journalists with big media houses at their back – CNN, ABC, Reuters – will have some protection. As a freelance, for the moment, I have my orange beanie hat. Still, telling truth to the Kremlin is a necessity in the twenty first century and it’s only just become fashionable.

The truth is that Vladimir Putin’s military machine is killing civilians in a country at peace until he invaded it. And however much the censor’s pen and switch and missiles command silence, the truth must be told.